Source: All England Reporter
Publisher Citation: [2003] All ER (D) 128 (May)
Court: Divisional Court

Scott Baker LJ and Pitchford J

Representation Nigel Ley (instructed by KJ Commons & Co) for the appellant.
  Thomas Eaton (instructed by CPS Cumbria, Carlisle) for the respondent.
Judgment Dates: 12 May 2003


Criminal law - Resisting police officer in execution of his duty - Prosecution failing to adduce evidence of substance of offence - Justices refusing submission of no case to answer - Correctness of decision.

The Case

Justices had erred in refusing a submission of no case to answer from a defendant charged with resisting arrest in circumstances where the prosecution failed to adduce evidence that the defendant had threatened a complainant with a hammer in public.

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